PM Services
Pre-Inspection Agreement
(This agreement limits our liability and is intended to be a legally binding contract,
please read it carefully.)
Subject Property:
Client(s) Name(s) and Address:
Realtor's Name and Address:
Inspection Fee $ 0.00
(herein called Client), requests a limited visual inspection of the subject property to be
conducted by Pete Martins, a licensed professional real estate inspector with PM
Services. TREC license # 9831
I.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING
Scope of Services
A.
In exchange for the Inspection Fee paid by Client, the Inspector agrees to provide the Client with
an Inspection Report setting out the Inspector’s professional opinions concerning the condition of
the Property further described in the report. The inspection will be performed in accordance with
the Texas Standards of Practice promulgated by the Texas Real Estate Commission and/or the
Texas Department of Agriculture ie: Structural Pest Control Service. Inspector will attempt to
identify major defects and problems with the Property. However, Client acknowledges that the
Inspection Report may not identify all deficiencies, defects or problems.
B.
The Inspector agrees to:
1.
inspect items, parts, systems, components and conditions which are present and visible
at the time of the inspection, but the inspector is not required to determine or estimate the
remaining life expectancy or future performance of any inspected item, part, system or
component;
2.
operate mechanical and electrical equipment, systems, and appliances during an
inspection in normal modes and operating range at the time of the inspection;
3.
report which of the parts, components, and systems present in the property have or have
not been inspected;
4.
report as deficient inspected parts, components or systems that are not functioning or that
the standards of practice required the inspector to report as Deficient; and
5.
address all of the parts, components, and systems contained in the standards of practice
in the property being inspected.
C.
The inspection is limited to those items which can be seen, easily accessed and/or operated by the
Inspector at the time of the inspection as set out in the Inspection Report. Inspector will not remove
walls, floors, wall coverings, floor coverings and other obstructions in order to inspect concealed
items. Systems and conditions which are not specifically addressed in the Inspection Report are
excluded. The major systems which will be inspected include:
1.
Foundation; Grading & Drainage
2.
Interior doors, wall, ceilings and floors;
3.
Exterior walls and doors, windows and door glazing;
4.
Fireplace and chimney;
5.
Roof, Roof Structure and attic;
6.
Porches, Balconies and decks;
7.
Built-in Appliances;
8.
Heating, cooling and Vent Systems;
9.
Plumbing Supply & Drains, Water Heating System; and
10.
Electrical system.
D.
The Inspector may indicate one of the following opinions of the Inspector regarding a particular
item:
1.
The item is performing its intended function at the time of the inspection;
2.
The item is in need of replacement or service for repair; or
3.
Further evaluation by a technician or expert is recommended.
II.
Inspection Report
A.
The Inspection Report provided by the Inspector will contain the Inspector’s professional, goodfaith opinions concerning the need for repair or replacement of certain observable items. All
statements in the report are the Inspector’s opinions and should not be construed as statements of
fact or factual representations concerning the Property. By signing this Agreement, the Client
understands that the services provided by the Inspector fall within the Professional
Services Exemption of the Texas Deceptive Trade Practices Act (ADTPA) and agrees that no
cause of action exists under the DTPA related to the services provided. Unless specifically
stated, the report will not include and should not be read to indicate opinions as to the
environmental conditions, presence of toxic or hazardous waste or substances, presence of
termites or other wood-destroying organisms, or compliance with codes, ordinances, statutes or
restrictions or the insurability, efficiency, quality, durability, future life or future performance of any
item inspected.
B.
The Inspection Report is not a substitute for disclosures by sellers and real estate agents. Said
disclosure statements should be carefully read for any material facts that may influence or affect
the desirability and/or market value of the Property.
C.
As noted above, the Inspection Report may state that further evaluation of certain items is needed
by an expert in the field of the item inspected. By signing this Agreement, Client acknowledges that
qualified experts may be needed to further evaluate such items as structural systems, foundations,
grading, drainage, roofing, plumbing, electrical systems, HVAC, appliances, sprinkler systems,
fire/smoke detection systems, septic systems and other observable items as noted in the report.
III.
Disclaimer of Warranties
The inspector makes no guarantee or warranty, express or implied, as to any of the following:
1.
That all defects have been found or that the Inspector will pay for repair of undisclosed defects;
2.
That any of the items inspected are designed or constructed in a good and workmanlike manner;
3.
That any of the items inspected will continue to perform in the future as they are performing at the
time of the inspection; and
4.
That any of the items inspected are merchantable or fit for any particular purpose.
IV.
LIMITATION OF LIABILITY
BY SIGNING THIS AGREEMENT, CLIENT ACKNOWLEDGES THAT THE INSPECTION FEE PAID TO
THE INSPECTOR IS NOMINAL GIVEN THE RISK OF LIABILITY ASSOCIATED WITH PERFORMING HOME
INSPECTIONS IF LIABILITY COULD NOT BE LIMITED. CLIENT ACKNOWLEDGES THAT WITHOUT THE
ABILITY TO LIMIT LIABILITY, THE INSPECTOR WOULD BE FORCED TO CHARGE CLIENT MUCH MORE
THAN THE INSPECTION FEE FOR THE INSPECTOR’S SERVICES. CLIENT ACKNOWLEDGES BEING GIVEN
THE OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY COUNSEL OF HIS OR HER OWN
CHOOSING AND FURTHER ACKNOWLEDGES THE OPPORTUNITY OF HIRING A DIFFERENT INSPECTOR TO
PERFORM THE INSPECTION. BY SIGNING THIS AGREEMENT, CLIENT AGREES TO LIABILITY BEING
LIMITED TO THE AMOUNT OF THE INSPECTION FEE PAID BY THE CLIENT.
INITIALED BY CLIENT: ________________ Fee Paid $ ___________
V.
Tainted, Corrosive Drywall.
From approximately 1999 until today, some homes in Texas were reportedly built or renovated
using tainted drywall imported from China (“Tainted, Corrosive Drywall”). Tainted, Corrosive Drywall may
emit toxic levels of Hydrogen Sulfide (H2S), iron disulfide, strontium sulfide, carbon disulfide, carbonyl
sulfide, formaldehyde, sulfur dioxide, and/or sulfur trioxide causing corrosion of copper and metal
surfaces, including air conditioner coils, refrigerator coils, copper tubing, and electrical wiring, and it often
creates noxious odors which may pose health risks. Tainted, Corrosive Drywall has most commonly been
reported in houses built or renovated/remodeled after 2000 in 42 out of the nation’s 50 states. Additional
information concerning Tainted, Corrosive Drywall can be found at:
http://www.cpsc.gov/info/drywall/index.html
http://www.constructionguru.com; and
http://chinesedrywallcomplaintcenter.com
By signing this Agreement, Client acknowledges that this Inspection will not reveal the existence of
Tainted, Corrosive Drywall and/or damages to the Property which may have resulted from Tainted,
Corrosive Drywall. In order to determine the existence of Tainted, Corrosive Drywall and related
damages, it is recommended that an inspection be scheduled with a knowledgeable drywall inspector.
Initialed by Client: ___________
V.
Dispute Resolution
In the event a dispute arises regarding an inspection that has been performed under this agreement, the
Client agrees to notify the Inspector in writing, within ten (10) days of the date the Client discovers the basis for the
dispute so as to give the Inspector a reasonable opportunity to reinspect the property. Client agrees to allow reinspection before any corrective action is taken. Client agrees not to disturb or repair or have repaired anything which
might constitute evidence relating to a complaint against the Inspector. Client further agrees that the Inspector can
either conduct the reinspection himself or can employ others (at Inspector’s expense) to reinspect the property, or
both. In the event a dispute cannot be resolved by the Client and the Inspector, the parties agree that any
dispute or controversy shall be resolved by mandatory and binding arbitration. The arbitration panel must
include at least one licensed home inspector.
VI.
Attorney’s Fees
The Inspector and the Client agree that in the event any dispute or controversy arises as a result of this
Agreement, and the services provided hereunder, the prevailing party in that dispute shall be entitled to recover all of
the prevailing party’s reasonable and necessary attorneys’ fees and costs incurred by that party.
VII.
Exclusivity
The Inspection Report is to be prepared exclusively for the Client named and is not transferable to anyone
in any form. Client gives permission for the Inspector to discuss report findings with real estate agents, specialists, or
repair persons for the sake of clarification. A copy of the Inspection Report may be released to the selling Real Estate
Agent.
BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS CONTRACT AND THE ATTACHED
DOCUMENTS, IF ANY; THAT I UNDERSTAND THE TERMS AND CONDITIONS AND THAT I AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS. IF CLIENT IS MARRIED, CLIENT REPRESENTS THAT THIS
OBLIGATION IS A FAMILY OBLIGATION INCURRED IN THE INTEREST OF THE FAMILY.
I/We have read, understand and agree to all of the above terms and conditions.
Client(s)________________________
_________________________________________________Date
Inspector________________________Date________________________
Pete Martins/PM Services
39132 FM 1458
Brookshire, Texas 77423
832-250-2155
Texas Real Estate Commission (TREC)
TREC License #9831
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